Judicial Review

Rejecting Two-Faced Explanations by Agencies

Rejecting Two-Faced Explanations by Agencies

Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.

The APA’s Antidiscrimination Failure

The APA’s Antidiscrimination Failure

Scholars explain how courts have interpreted the Administrative Procedure Act to overlook racial discrimination.

A Local Lens on Administrative Law

A Local Lens on Administrative Law

Scholar brings the focus of administrative law to the level of municipal government.

A Fili-Busted Balance of Power

A Fili-Busted Balance of Power

The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.

Heavy on the “Mayo,” But No Hot Sauce

Heavy on the “Mayo,” But No Hot Sauce

CIC Services avoided anti-administrative rhetoric while securing the check of judicial review on the IRS.

The Trump Administration’s Weaponization of the “Major Questions” Doctrine

The Trump Administration’s Weaponization of the “Major Questions” Doctrine

Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.

Regulatory Recognition of Native Histories

Regulatory Recognition of Native Histories

Judicial disregard of Native Nations’ ethnohistory frustrates the purpose of federal law protecting Native remains.

Reflecting on RBG’s Legacy

Reflecting on RBG’s Legacy

Through her opinions, Justice Ruth Bader Ginsburg sought to instill equality and justice in the law.

Undoing the Regulatory Policies of the Trump Administration

Undoing the Regulatory Policies of the Trump Administration

The Administration has taken an aggressive approach in using legal tools to advance its regulatory agenda.

Continuous Judicial Review in Coronavirus Times

Continuous Judicial Review in Coronavirus Times

The Israeli judiciary exerts oversight and influence over the executive’s COVID-19 response.

Rethinking Judicial Oversight in a Time of Crisis

Rethinking Judicial Oversight in a Time of Crisis

Administrative accountability demands resilient courts, especially in emergencies.

India’s Executive Response to COVID-19

India’s Executive Response to COVID-19

Executive action, and judicial deference to it, dominate India’s pandemic response.